Women’s right to marry under Fiqh al-Hanafi: appraisal on the impact of Hanafis’s view on marriage without wali in Malaysia

Pillars of marriage under the Hanafi and Shafi’i Mazhab differs in the sense that under Fiqh al-Hanafi, guardian is not one of the pillars of marriage. Meanwhile, the Shafi’is are of the view that guardian is one of the pillars of marriage. In Malaysia, women’s right to marry is based on Shafi’I sch...

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Main Authors:	Mohd, Azizah, Hj Ibrahim, Badruddin, Abd Razak, Syafiqah
Format:	Article
Language:	English
Published:	LexisNexis 2019
Subjects:	KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/78820/ http://irep.iium.edu.my/78820/1/shlra2019_3_00001%20%281%29%20Women%27s%20Right%20to%20Marry.pdf

id	iium-78820
recordtype	eprints
spelling	iium-788202020-02-26T07:31:26Z http://irep.iium.edu.my/78820/ Women’s right to marry under Fiqh al-Hanafi: appraisal on the impact of Hanafis’s view on marriage without wali in Malaysia Mohd, Azizah Hj Ibrahim, Badruddin Abd Razak, Syafiqah KBP1 Islamic law.Shariah.Fiqh Pillars of marriage under the Hanafi and Shafi’i Mazhab differs in the sense that under Fiqh al-Hanafi, guardian is not one of the pillars of marriage. Meanwhile, the Shafi’is are of the view that guardian is one of the pillars of marriage. In Malaysia, women’s right to marry is based on Shafi’I school of law. Therefore, before a woman may get married, consent of a guardian is essential, the absence of which will render the marriage to be invalid. The problem arises in the case where the guardian particularly wali nasab refuses to consent, where in this case the daughter will resort to fiqh al-Hanafi and contract the marriage without the consent of wali nasab. The issue that further arises is the question of validity of such marriage and the status of children legitimacy that is born out of such marriage under Malaysian law. This paper deals with women’s right to marry under fiqh al-Hanafi. The research examines the provisions of Islamic Family law (Federal Territories) Act 1984 on wali and several decided cases relating to marriage solemnized without the presence of the wali. The study adopts qualitative research analysis and is basically library research. It is believed that the findings of the research will be beneficial to all students, academics, researchers, legal practitioners and the public as a whole. LexisNexis 2019-11 Article PeerReviewed application/pdf en http://irep.iium.edu.my/78820/1/shlra2019_3_00001%20%281%29%20Women%27s%20Right%20to%20Marry.pdf Mohd, Azizah and Hj Ibrahim, Badruddin and Abd Razak, Syafiqah (2019) Women’s right to marry under Fiqh al-Hanafi: appraisal on the impact of Hanafis’s view on marriage without wali in Malaysia. Shariah Law Reports, 3. i-xvii.
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP1 Islamic law.Shariah.Fiqh
spellingShingle	KBP1 Islamic law.Shariah.Fiqh Mohd, Azizah Hj Ibrahim, Badruddin Abd Razak, Syafiqah Women’s right to marry under Fiqh al-Hanafi: appraisal on the impact of Hanafis’s view on marriage without wali in Malaysia
description	Pillars of marriage under the Hanafi and Shafi’i Mazhab differs in the sense that under Fiqh al-Hanafi, guardian is not one of the pillars of marriage. Meanwhile, the Shafi’is are of the view that guardian is one of the pillars of marriage. In Malaysia, women’s right to marry is based on Shafi’I school of law. Therefore, before a woman may get married, consent of a guardian is essential, the absence of which will render the marriage to be invalid. The problem arises in the case where the guardian particularly wali nasab refuses to consent, where in this case the daughter will resort to fiqh al-Hanafi and contract the marriage without the consent of wali nasab. The issue that further arises is the question of validity of such marriage and the status of children legitimacy that is born out of such marriage under Malaysian law. This paper deals with women’s right to marry under fiqh al-Hanafi. The research examines the provisions of Islamic Family law (Federal Territories) Act 1984 on wali and several decided cases relating to marriage solemnized without the presence of the wali. The study adopts qualitative research analysis and is basically library research. It is believed that the findings of the research will be beneficial to all students, academics, researchers, legal practitioners and the public as a whole.
format	Article
author	Mohd, Azizah Hj Ibrahim, Badruddin Abd Razak, Syafiqah
author_facet	Mohd, Azizah Hj Ibrahim, Badruddin Abd Razak, Syafiqah
author_sort	Mohd, Azizah
title	Women’s right to marry under Fiqh al-Hanafi: appraisal on the impact of Hanafis’s view on marriage without wali in Malaysia
title_short	Women’s right to marry under Fiqh al-Hanafi: appraisal on the impact of Hanafis’s view on marriage without wali in Malaysia
title_full	Women’s right to marry under Fiqh al-Hanafi: appraisal on the impact of Hanafis’s view on marriage without wali in Malaysia
title_fullStr	Women’s right to marry under Fiqh al-Hanafi: appraisal on the impact of Hanafis’s view on marriage without wali in Malaysia
title_full_unstemmed	Women’s right to marry under Fiqh al-Hanafi: appraisal on the impact of Hanafis’s view on marriage without wali in Malaysia
title_sort	women’s right to marry under fiqh al-hanafi: appraisal on the impact of hanafis’s view on marriage without wali in malaysia
publisher	LexisNexis
publishDate	2019
url	http://irep.iium.edu.my/78820/ http://irep.iium.edu.my/78820/1/shlra2019_3_00001%20%281%29%20Women%27s%20Right%20to%20Marry.pdf
first_indexed	2023-09-18T21:50:58Z
last_indexed	2023-09-18T21:50:58Z
_version_	1777413766143541248

Women’s right to marry under Fiqh al-Hanafi: appraisal on the impact of Hanafis’s view on marriage without wali in Malaysia

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